[Amended 11-6-1963; 3-17-1976 by L.L. No. 2-1976; 12-21-1976 by L.L. No. 16-1976; 9-6-1977 by L.L. No. 17-1977; 8-5-1980 by L.L. No. 6-1980; 10-3-1989; 8-17-1999 by L.L. No.
12-1999; 4-17-2001 by L.L. No. 4-2001; 11-6-2006 by L.L. No. 10-2006]
The Planning Board is hereby authorized, pursuant to § 7-725-a of the Village Law of the State of New York, to review and approve, approve with modifications or disapprove site development plans in accordance with the provisions given in Chapter 247, Site Plan, of the Municipal Code of the Village of Northport.
The Planning Board is hereby empowered, subject
to approval of the Board of Trustees, to adopt site plan regulations
to effectuate the purposes and policies of this chapter.
[Amended 7-7-2021 by L.L. No. 7-2021]
An application for site plan approval from the Planning Board
is required for:
A.
All new nonresidential property construction or reconstruction, or
the construction or reconstruction of residential property for the
use of more than three families;
B.
Any exterior alteration to and/or expansion of an existing building
or property not in residential use;
C.
Any change in the number of uses or the type of use(s) of an existing
property not in residential use; and
D.
The conversion of a residential use to a nonresidential use.
A.
The Planning Board may, in appropriate cases and upon written application, dispense with the requirement of a site plan, or may modify the site plan requirements, as described herein and more completely in Chapter 247.
B.
Applicants seeking a waiver of the requirement to
submit a site plan, or any modification to its requirements, shall
apply to the Planning Board in writing. Such application shall demonstrate
that:
(1)
Because of the size of the project or circumstances
of the site such requirements would not be applicable or would be
an unnecessary burden upon the applicant.
(2)
A waiver would not violate the general intent and
purposes of this ordinance or be detrimental to the general health,
safety, and welfare of the Village, or aesthetics of the neighborhood.
(3)
The condition for which a waiver from a design standard
is sought is unique to the property.
(4)
The request for a waiver is not based on mere inconvenience
to the applicant or a self-created hardship.
(5)
A waiver is necessary for the preservation and enjoyment
of substantial property rights possessed by the applicant.
C.
Any waiver or modification of requirements granted
by the Planning Board shall provide only the minimum relief necessary
to alleviate the hardship.
Applications for building permits requiring
both architectural review and site plan approval shall file for such
reviews and approvals simultaneously.
A.
The Planning Board shall submit comments to the Architectural
and Historic Review Board on site planning issues relevant to applications
for architectural review, when appropriate. These comments shall be
made in written form.
B.
The Planning Board may, on an as-needed basis, designate
one of its members to represent the Planning Board at a meeting of
the Architectural and Historic Review Board in order to present site
plan considerations relevant to applications that are being considered
by both boards simultaneously.
In any case where the site plan submitted by
the applicant indicates it will require a variance or special permit
from the Board of Zoning Appeals in order to construct or use the
premises as shown on the aforedescribed site plan, the applicant shall
submit an application to the Board of Zoning Appeals either prior
to or simultaneously with the filing of the application for approval
of the site plan with the Planning Board. In such instances, the Planning
Board shall render a decision on the site plan only when a variance
has been granted.
A.
The Planning Board shall provide comments on the variance
or special permit application to the Board of Zoning Appeals, when
appropriate. Comments shall:
(1)
Be limited to site planning issues relevant to the
consideration of the variance or special permit.
(2)
Be made in written form.
(3)
Be submitted within two weeks of the Planning Board
meeting at which the application is first considered or, if additional
information is requested, within two weeks of the Planning Board meeting
at which all necessary information has been provided by the applicant.
The Planning Board shall notify the Zoning Board of Appeals if it
requires more than two weeks to provide its comments, and also if
it has no comments.
B.
The applicant shall provide the Planning Board with
any materials, documents and information necessary for it to comment
on the variance or special permit application.
C.
If the applicant applies to the Board of Zoning Appeals
prior to filing for site plan and/or architectural review, complete
copies of such application shall be simultaneously provided by the
applicant to the Planning Board and the Architectural Review Board,
both of which shall submit written comments prior to or at the Board
of Zoning Appeals public hearing.
Where an application is made to the Board of Zoning Appeals to obtain a special use permit or variance to legalize an existing business or industrial use, the applicant shall also file for site plan approval pursuant to the provisions of Chapter 247. The provisions of said section shall apply.
The Planning Board is empowered to require the
submission of performance bonds, cash bonds or other suitable collateral
in the full value of all proposed improvements.
A.
Prior to issuance of the building permit, the Planning
Board shall make a determination as to the need for performance bonds,
cash bonds or other collateral. Such bonds or collateral may be required
in an amount representing the full value of the proposed improvements,
as determined by the Planning Board, for submission to the Village
of Northport as follows:
(1)
On-site improvements, including curbs, drainage, paving,
landscaping, site lighting and any other on-site improvements shown
on the site plan. An inspection fee of 4% of the amount of said bond
shall be required and shall be paid prior to the issuance of a building
permit or, where no permit is required, the fee is payable before
construction commences.
B.
In the event that the Planning Board requires that
a performance bond be supplied, such performance bond shall be issued
by a bonding or surety company, approved by the Board of Trustees
of the Incorporated Village of Northport, or by the owner, with security
acceptable to the Board of Trustees as to form, sufficiency and manner
of execution, following review of the same by the Village Attorney.
Such performance bond shall run for a term to be fixed by the Planning
Board, but in no case for a term longer than one year. In the event
that any required improvements have not been installed within the
term of the performance bond, the Planning Board may recommend to
the Village Board of Trustees that it declare the bond to be in default,
and the Village Attorney shall take whatever steps are necessary to
collect on said bond. Upon receipt of the proceeds therefrom, the
Village shall install such improvements as are covered by such performance
bond, but not exceeding in cost the amount of such proceeds.
C.
In the event that the Planning Board permits the use
of a cash bond or other suitable collateral, the Village Attorney
shall review the form and content of said cash bond or the agreement
regarding the suitable collateral, after which the same shall be submitted
to the Board of Trustees for its approval as to form, sufficiency
and manner of execution following review of the same by the Village
Attorney. Such cash bond or other suitable collateral shall run for
a term to be fixed by the Planning Board, but in no case for a term
longer than one year.
D.
In the event that any required improvements have not
been installed within the term of said cash bond and other suitable
collateral, the Planning Board may recommend to the Village Board
of Trustees that it declare the cash bond to be in default or the
agreement regarding the other suitable collateral to be in default,
and the Village Attorney shall thereupon take whatever steps are necessary
to collect on said cash bond or other suitable collateral. Upon receipt
of the proceeds therefrom, the Village shall install such improvements
as are collected by such cash bond or other suitable collateral, but
not exceeding in cost the amount of such proceeds.
A.
Prior to the issuance of the building permit, the
owner shall obtain a public liability policy in an amount commensurate
with the size, degree of difficulty of construction and risks inherent
in the construction of the proposed building or alteration, as determined
by the Planning Board, but at a minimum, the insurance requirements
for independent contractors obtaining a permit to work within the
Village shall be as set forth below. The Village shall be named as
additional insured on this policy.
B.
The contractor shall maintain at a minimum the following
giving evidence of same to the owner in the form of certificates of
insurance or copies of policies. The insurance carrier must be New
York State licensed carrier with A.M. Best Rating of at least A IX.
All subcontractors must adhere to workers' compensation, comprehensive
liability, umbrella liability and auto liability and provide 30 days'
notice of cancellation or material change.
(2)
Commercial general liability:
(a)
Coverage, occurrence: 1988 ISO or equivalent.
(b)
Limits:
[1]
General aggregate: $2,000,000.
[2]
Products-Comp/Ops Aggreg.: $1,000,000.
[3]
Personal and advert. injury: $1,000,000.
[4]
Each occurrence: $1,000,000.
[5]
Fire damage (any one fire): $50,000.
[6]
Medical expenses (any one person): $5,000.
[7]
Or such other limits as may be set from time
to time by the Board of Trustees.
(c)
Additional insured: municipality using ISO form
CG2012 or equivalent.
(d)
Special: hold harmless as per sample or equivalent.
(4)
Umbrella liability (recommended):
(5)
Sample hold-harmless agreement/contractor. The contractor
shall indemnify and hold the municipality harmless against any claim
of liability or loss including the cost of defense for personal injury
or property damage resulting from or arising directly or indirectly
out of or resulting from the permit holders operations within the
municipality, including losses arising out of the negligent acts or
omissions of the contractor, its servants or agents, and any subcontractors,
its servants or agents.
